Trademark registration in Morocco. Morocco, officially the Kingdom of Morocco, is the Northwesternmost country in the Maghreb region of North Africa. Morocco’s economy is considered a relatively liberal economy governed by the law of supply and demand. During the beginning of the 21st century, the Government of Morocco has conducted many sharp reforms which turned the Moroccan economy to become much more robust compared to the old days. In addition, tourism is also one of the most important sectors in the Moroccan economy. It is well developed with a strong tourist industry focused on the country’s coast, culture, and history. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Morocco.
Necessary documents for trademark registration in Morocco
Necessary documents for trademark registration in Morocco include:
- The application for the registration of the trademark in Morocco;
- Detailed information of the applicant;
- 4 black-and-white trademark samples;
- 4 color trademark samples if the color is required;
- Proof of payment of the prescribed fees;
- A certified copy of the priority document translated into French (If any).
The procedure of trademark registration in Morocco
In order to obtain trademark protection in Morocco, the trademark owner must file the trademark application to the Moroccan Office of Industrial and Commercial Property (OMPIC).
After receiving the trademark application, the examiner will conduct a formality examination to check if the required documents are filed and there are no errors in the application.
After that, a substantive examination based on the system of absolute grounds will be conducted.
If the trademark application is valid, it will be published in the Trademarks Gazette of Morocco and opened for a 2 months opposition period in which any third parties may file for the opposition of the registration of the mark.
The probabilities of success for an opposition will vary in each case depending on the circumstances.
If there is no opposition, a “certificate for trademark registration ” is given or notified to the applicant or his/her agent.
After registration, the trademark will have a protection period of 10 years. Every 10 years, the trademark owner must file for renewal of the trademark to extend the protection period for another 10 years. Trademark registration may be renewed within 6 months before the expiry of the registration and 6 months after the expiry.
Note:
Morocco is a member state of the Madrid Protocol. Therefore, the applicant can also register their trademark through the Madrid System to obtain protection in Morocco.
Use requirement of the trademark in Morocco
As Morocco is a “first to file” jurisdiction, a trademark doesn’t need to be in use in Morocco in order for it to register.
Although a trademark does not have to be in use for it to register, it must not go unused for more than 5 years on a commercial scale after registration or it will become vulnerable to cancellation actions based on lack of non-use.
You can see a list of Morocco IP firms here.